Your Rights and the
Florida Mental Health Act
(The Baker Act)
The Florida law covering both voluntary and involuntary
treatment is Chapter 394 of Florida Statues - known as
the Florida Mental Health Act or the Baker Act.
Florida law encourages people with mental illnesses to
seek treatment voluntarily and to choose the type of
treatment needed. But Florida law recognizes that some
people with mental illnesses may need to be involuntarily
admitted for evaluation and treatment.
The Baker Act outlines a bill of rights for the person who
is mentally ill, provides a system of due process for
persons receiving services in designated mental health
facilities, and creates a system of community-based acute care services.
A receiving facility is the central reception point for individuals
who appear to need emergency mental health
care. The receiving facility must ensure that persons
receive needed services in the least restrictive setting and
in the least intrusive manner. Consequently, receiving
facilities must ensure that persons are not inappropriately
admitted to community or State hospitals.
Under the Baker Act, no one can be admitted to a State
hospital without first being screened by a community
mental health center or clinic which must certify that State
hospital admission is the most appropriate placement for
the individual.